The Research On The Judgment Of Criminal Responsibility Of Mental Disorder Offenders And Related Issues

Along with the growing pressure in modern society life, the morbidity of mental illness is growing as well. The cases which mental disorders commit are climbing too. Some cases become the focus of attention of the society, because the nature is very bad, and the consequences are serious. The key to resolve the case is whether mental disorder offenders who commit crimes are capable of criminal responsibility, whether they could bear the criminal responsibility for their hazard act. Therefore it brings out the attention and argument for judicial official and criminal law scholars to the issue of mental disorder offenders’ criminal responsibility. This paper, from the basic knowledge of criminal responsibility, firstly introduces the standards, subject and procedure for judging mental disorder offends’ criminal responsibility in China, and it is pointed out the problems in legal provisions and judicial practice. For example, an aspect of standards for judging mental disorder offenders’ criminal responsibility, in Chinese criminal law article there are irrational formulation in medical elements and ambiguity in recognition of law elements. Another aspect of the subject in judging mental disorder offenders’ criminal responsibility, the criminal responsibility as a law issue is convicted by the appraisal officers instead of judicial officers. At the aspect of the procedure of judging mental disorder offender’s criminal responsibility, parties only enjoy the application right for psychiatric expertise, there won’t be judicial remedy in the procedure after the rejection of the application, parties are lack of the appraisal knowledge cause confrontation for the appraisal suggestion become a mere formality due to the absence of appraisal officers. Second, the paper introduces the legislation, legal precedent, litigation procedure and legal practice in the aspect of judgment of mental disorder offenders’ criminal responsibility in civil law countries and common law system countries. At last, in allusion to the issues of law and practice in China, and base on the related foreign experience, a plan is raised to resolve the issues and an idea to consummate the pattern of judgment of mental disorder offenders’ criminal responsibility in China. No.1, specify the judging standard for mental disorder offenders’ criminal responsibility; change the medical elements formulation in criminal law into general method and enumerative method; replace the word "insanity" with "mental disorder". No.2, divide the convict of mental disorder offenders’ criminal responsibility into three phases, according to the different phase, build the pattern of judicial officers and appraisal officers’verdict cooperation. No.3, at the related procedure, set up the forced start system of judicial appraisal, and entitles the right of relief after the rejection of appraisal application base on the current judicial appraisal system in China; consummate the system of appraisal officers’appearing in court, and set up the expert assistant system in order to ensure efficiency of the confrontation for the appraisal suggestion.